US Resolution: first draft calls for international judges

By Dharisha Bastians in Geneva

The first draft of the resolution on Sri Lanka to be tabled at the UN Human Rights Council next week recommends a mechanism to address allegations of war time abuses that includes international judges and independent prosecutors, Daily FT learns.

The initial draft was handed over to the Government of Sri Lanka yesterday, authoritative sources told Daily FT.

The early draft appears to take into account the recommendation by UN High Commissioner for Human Rights for a hybrid special court to try potential war crimes cases, Daily FT reliably learns.

The Government, which obtained a draft of the OISL report last Friday (11), held discussions spearheaded by Foreign Minister Mangala Samaraweera with member state delegations and the High Commissioner Zeid last weekend.

Government lawyers initially insisted that international judges could not be appointed to hear the cases because the Constitution prohibited their appointment. As hectic lobbying over the language of the US resolution continued in Geneva however, the Government has more recently conceded that there was no explicit prohibition to the appointment of foreign judges, although it warned that Articles 3 and 4 of the Constitution, pertaining to sovereignty, could be invoked to block the appointments.

However, Foreign Minister Samaraweera pledged before the opening session of the Human Rights Council on Monday that Sri Lanka would not “take cover by distorting concepts and principles such as sovereignty for its own selfish ends” as he promised dialogue and engagement with Sri Lanka’s international partners.

International organisations and human rights groups are likely to step up pressure on the language of the draft resolution on Sri Lanka after the release of the OISL report and the strong assertion by High Commissioner Zeid that the country’s justice system was not equipped to handle the tough cases.

The first informal session on the language of the resolution will be held on Monday in Geneva, on the sidelines of the UNHRC 30th Session. The resolution is likely to be tabled on 24 September, Daily FT learns.

UNHRC report gives us strength: Sandhya Ekneligoda 

“The High Commissioner’s statement has given us strength, and hope that accountability will now be addressed in Sri Lanka for all victims. I believe this report will get the process going,” said Sandhya Eknaligoda, wife of disappeared journalist Prageeth Eknaligoda. 

Sandhya is grateful for the progress in her husband’s case, and the changed climate in Sri Lanka since the new Government took office. 

“But there have yet to be concrete proposals made to find those responsible for serious violations. I am grateful that Prageeth’s case has been opened and there is progress. But redress must come for all victims,” she said.